Al-Mazaahib: Jurnal Perbandingan Hukum
Al-Mazaahib adalah jurnal pemikiran hukum milik Jurusan Perbandingan Mazhab dan Hukum, Fakultas Syari’ah dan Hukum UIN Sunan Kalijaga Yogyakarta. Al-Mazaahib merupakan jurnal yang berisi atau memuat karya-karya ilmiah yang terkait dengan pemikiran-pemikiran di bidang hukum, baik hukum umum (positif) maupun hukum Islam. Keberadaan Jurnal Al-Mazaahib ini tentu sangat penting dalam menggali, memperkaya, dan mengembangkan pemikiran dan teori-teori hukum. Dengan demikian, Jurnal Al-Mazaahib ini akan memberikan kontribusi positif dalam memperkaya khazanah pemikiran di bidang hukum, baik hukum Islam maupun hukum positif.
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<![CDATA[KEJAHATAN DEFECTING: Studi Perbandingan antara Undang-Undang ITEdan Hukum Pidana Islam ]]>
<![CDATA[Muyasir, Ahmad]]>
<![CDATA[ Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 3 No. 1 (2015): Al-Mazaahib ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/al-mazaahib.v3i1.1386
<![CDATA[As the technology advances, the crimeis no longerjusthappeningin the real world, but itis alreadyreaching into thevirtual worldor virtual. In this case, defacing a form of cyber crimes is quite disturbing and has hurt many people. Heiscybercrimeisdone bychanging thelook of the websiteof a website, eitherin part orseeluruhnyabyfirstlybreaking intoanother person, withoutthe owner's permission.This paper isgoing toexaminethe phenomenonof cyber crime(cyber crime), along withbetuk, motives, consequences, andlegal sanctions.In this paper, the problem of evildefectingwill beassessedfrom the perspective ofthe Indonesian CriminallawandIslamic Criminallaw(Fiqh Jinayah).]]>
<![CDATA[PEMBENTUKAN PEMERINTAHAN DARURAT REPUBLIK INDONESIA TAHUN 1948-1949 DALAM PERSPEKTIF FIQH SIYASAH DAN HUKUM TATA NEGARA ]]>
<![CDATA[Hilmatiar, Moch. H. Kharismulloh]]>
<![CDATA[ Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 3 No. 1 (2015): Al-Mazaahib ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/al-mazaahib.v3i1.1387
<![CDATA[The formation of an emergency government of the Republic of Indonesia came from the Second Dutch Military Aggression on December 19, 1948 in Yogyakarta. In the aggression, President Sukarno and Vice President Mohammad Hatta taken prisoner by Dutch soldiers, causing a vacuum and paralysis of government. Before the Dutch prisoner, president has gave the a mandate to Sjafruddin prawiranegara, to form the Emergency Government, if the central government when it can no longer pass on its obligations. Sjafruddin prawiranegara located in Bukit Tinggi when the Dutch attack waged, not aware of the mandate, due to disruption of communication between Yogyakarta and Bukit Tinggi as a result of the Dutch attack. After knowing for sure captivity, then together civilian and military leaders in Central Sumatra, sjafruddin prawiranegara established the Emergency Government dated December 22, 1948. This study will discuss the PDRI according to the concept of the emergency state in perspective of fiqh siyasah and Constitutional Law. This study shows that the Emergency Government has played an important role in the framework of the struggle and the state administration during the Indonesian nation to maintain the independence of the Dutch Military Aggression II, especially in defending the existence of the Republic of Indonesia. Emergency Government struggle is inseparable from the process between diplomacy and the armed struggle, it is the process of the struggle waged to achieve the Emergency Government of the Republic of Indonesia sovereign. While legally, both from the perspective of the concept siyasah harbiyah in fiqh siyasah and Law of the State of Emergency in Constitutional Law, sjafruddin prawiranegara who served as Chairman of the Emergency Government between December 19, 1948 to the date of July 13, 1949 entitled referred to as the President of the Republic of Indonesia in emergencies.]]>
<![CDATA[PEMIKIRAN HUKUM ISLAM ABU HANIFAH: Sebuah Kajian Sosio-Hostoris Seputar Hukum Keluarga ]]>
<![CDATA[Juliansyahzen, M. Iqbal]]>
<![CDATA[ Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 3 No. 1 (2015): Al-Mazaahib ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/al-mazaahib.v3i1.1382
<![CDATA[Abu Hanifah (80H-150H) is one of the figures who made valuable contributions to the development of Islamic law. His legal thought more advanced aspects of rationality that is affected by geographic and demographic environment of Iraq. Many progressive thinking and different from other scholars, both on methodological aspects and results of ijtihad. Islamic legal methodology of Abu Hanifah is istihsan, that caused controversy among scholars of fiqh. Many of Abu Hanifah’s thought in the area of family law that had different from others are: the permissibility of marriage without a guardian, the need kafaah in marriage, as well as nasab a child out of wedlock. Marriage without a guardian is valid, but not perfect. Abu Hanifah kafa'ah concept emerged as a response to social differences (social distinction) which then shifts into legal issues (legal distinction). Position child out of wedlock was fixed to his father as a legitimate child. In taking the law, Abu Hanifah tend to use Burhani epistemology. The dominance of the realm usage paradigm Burhani certainly can not be separated by geographical location or state of Abu Hanifah’s life. Kufa and Baghdad is a metropolitan city that Imam Abu Hanifa have to deal with high rationality.]]>
<![CDATA[MAQASID SYARIAH SEBAGAI FILSAFAT HUKUMISLAM: Sebuah Pendekatan Sistem Menurut Jasser Auda ]]>
<![CDATA[Maulidi, Maulidi]]>
<![CDATA[ Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 3 No. 1 (2015): Al-Mazaahib ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/al-mazaahib.v3i1.1377
<![CDATA[The ushul fikih thought had stagnated during this time, because it was built from the deductive way of thinking and using the paradigm of which is identical with the positivistic schools. Islamic law is derived from the text (nash) through the analysis of linguists an sich. But in its development, fikih thought undergoes a transformation from taqlid qauli towards taqlid manhaji, from the literalis paradigm to the teleological paradigm. Transformation of thought is realized when the Islamic law as the product of ijtihad was not able to respond to the question of contemporary problems. Negative assumptions that led to it, namely: first, the law understood as a single entity that is not correlation of other entities. Yet in reality, the law is linked with other disciplines, like the social sciences-humanior and natural sciences. Second, the law understood as a final, not in tandem with social development. Third, the law has always been based on a normative-textualis, whereas there are a lot of local knowledge which also carries the philosophical values that are relevant to the purpose of the law. As a solution, integrative approach system needs to be encouraged, given the purpose of human law is to benefit afterlife. Integrative paradigm initiated by Jasser Auda is worthy of consideration in the constellation of ideas and the development of the methodology of ijtihad. By using a systemic approach, Jasser makes maqasid sharia as a philosophical frameworks in the process determination of law. Law is element of the existing system and closely related to other elements to achieve a goal of Shari'a.]]>
<![CDATA[STUDI ATAS PANDANGAN KAUM AGAMAWAN, PRAKTISI KESEHATAN DAN RESPONS MUI TERHADAP MASALAH ABORSI ]]>
<![CDATA[Mustafid, Fuad]]>
<![CDATA[ Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 3 No. 1 (2015): Al-Mazaahib ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/al-mazaahib.v3i1.1383
<![CDATA[Abortion is a classic problem that still continue to be discussed among experts and the public. It is perhaps because of the practice of abortion continues to occur from time to time with vary shapes and motifs. In Indonesia, talks and discussions on abortion also gone on long enough. The experts, both clerical and medical experts, involved in a heated debate on the issue of abortion. Nevertheless, the debate nevertheless did not come to fruition. On the other hand, the practices of abortion continues to occur in the wider community. The Council of Indonesian Ulama (MUI) felt obliged to give guidance to the Muslims in viewing and addressing the issue of abortion. In this case, the steps taken by the MUI issued a fatwa is the law. The MUI fatwa states that abortion is against their religion, so it must be prevented. But on the other hand, the institution of fatwa also gives room for the possibility of abortion if it is seen it will be able to bring good to the pregnant mother and her family.]]>
<![CDATA[GENEALOGI GERAKAN PENEGAKAN SYARI’AT ISLAM DI INDONESIA ]]>
<![CDATA[Sodiqin, Ali]]>
<![CDATA[ Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 3 No. 1 (2015): Al-Mazaahib ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/al-mazaahib.v3i1.1378
<![CDATA[Enforcement of Islamic law in Indonesia has historically and empirically problem. Debating in this case is not a new discourse of Islamic law, but of a "burden of history" which until this moment has not been completed. Political law of Dutch colonial that twist the facts enactment of Islamic law, caused marginalization of the Shari'ah in the Indonesian legal system. As a result, there are fragmentation among the Muslims in the form and establishes the basic state at the beginning of independence. Two groups of Muslims appeared, namely the secular nationalist and Islamic nationalist group. During reformation period, appear artifisialistic and reductionist understanding, when Islamic law narrowed at the level of legal provisions that formal and rigid. The emergence of regional regulations of Shari'ah, was more the efforts of syariah formalization rather than enforcing the doctrine of universal substance. It can be seen from the regulated materials that only at the outside or the skin only, not on the key issues that touch the lives of many people. Besides, it appears a group that understands the shari'ah as a solution and a way of life that is totalistic, without considering aspects of historicity and contextuality. As a result is widespread understanding of Islamism is more emphasis than substance formalization. Transformation understand fundamentalism in the Middle East are sourced from Wahhabi’s teachings that has a big influence in developing the ideology called salafiyah ideological.]]>
<![CDATA[RIBA DALAM AL-QURAN: SEBUAH KAJIAN ANTROPOLOGIS ]]>
<![CDATA[dkk., Ahmad Muzhaffar]]>
<![CDATA[ Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 3 No. 1 (2015): Al-Mazaahib ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/al-mazaahib.v3i1.1384
<![CDATA[This article examines the concept of riba in the Qur'an. It was conducted by reviewing the texts of the Koran which speak of usury and explore the practice of usury in Arab society at the time of the Qur'an was revealed. Al-Quran through the teachings contained in it trying to organize traditions prevailing in Arab society. In this case, there are three stages that used by the Qur'an in the process of structuring the tradition, namely the adoption, adaptation, and integration. In the first stage (adoption), the Qur’ran pay attention traditions already in force as well as practice in the life of Arab society. at this stage, sometimes Qur'an appreciate the traditions of Arab society, but sometimes criticize or even question the existence of the tradition of the Arab community itself. While the adoption phase generally begins with a dialogue about the benefits and unbenenif of tradition. The integration phase is done by growing social awareness of Arab society against their own habit. If the observed association (absurd) between verses usury with those before and after, then it can be known that usury is the antithesis to charity. In charity, the rich gave most wealth to sympathize needs of the poor and the indigent, the usury contrary, retrieve, exploit, and even the "plunder" the wealth of the poor and needy unjustly. The approach used in the Koran eliminate the practice of usury is timely as the theological-sociological approach. Theological approach carried out by the Qur'an to test the quality of the faith of a Muslim so that they are still committing usury will not be penalized. While the sociological approach is done by introducing the concept of zakat and sadaqah for better maintain social order.]]>
<![CDATA[PENCATATAN PERKAWINAN: Melacak Akar Budaya Hukum dan Respon Masyarakat Indonesia terhadap Pencatatan Perkawinan ]]>
<![CDATA[Lathifah, Itsnaatul]]>
<![CDATA[ Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 3 No. 1 (2015): Al-Mazaahib ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/al-mazaahib.v3i1.1379
<![CDATA[Marriage is basically valid when it has qualified and fulfill its requirements, namely the bridegroom, guardian for the bride, the presence of two witnesses, and ijab-qabul (contract of marriage). In modern life, particularly in Indonesia, the marriage will not be considered valid not only when it has fulfilled the pillars of marriage, but rather that the marriage must also be registered (recorded). Perncatatn marriage this is a debate among the public. Most accept it as a positive thing and contains benefits for married couples, while others refused because it is considered not in harmony with religious requirements in terms of marriage; that no one nash, either in the Qur'an or hadith of the Prophet which requires that the marriage should be registered. This article discusses differences in views among the Muslim community in Indonesia related to Marriage Registration issues as stipulated in Law on Marriage No. 1 of 1974; the arguments put forward by each party, and also the culture of law in Indonesia that contributed to the emergence of a difference in addressing this.]]>
<![CDATA[POLITIK HUKUM PIDANA Rekam Medis Sebagai Alat Bukti dalam Hukum Pembuktian Pidana ]]>
<![CDATA[Marom, Ahmad Anfasul]]>;
<![CDATA[Buamona, Hasrul]]>
<![CDATA[ Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 3 No. 1 (2015): Al-Mazaahib ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/al-mazaahib.v3i1.1385
<![CDATA[Medical Currently, the relationship between doctor and patient is not just the relationship treatment alone, but he is also part of "therapeutic agreement" in which the patient is required to know and understand their rights and obligations in any effort to cure. One of the rights of patients in the treatment process is to get a record of treatment from a doctor or hospital, which in the world of health known as the Medical Record. But unfortunately, not many people who understand what it is and the importance of medical records for patients. Though medical record is valuable and important function for the patient, because it contains a description of a patient's medical history as well as actions taken by doctors in an effort to cure. In fact, not only that, the medical records could also be evidence in cases of alleged medical errors doctor sin handling/treating patients. This paper is going to study the problem of medical record as evidence in the criminal laws of evidence, especially in cases of alleged misconduct medical doctor.]]>
<![CDATA[PEMIKIRAN JAMAL AL-BANNA TENTANG RELASI SUAMI ISTERI DALAM KITAB AL-MAR’AH AL-MUSLIMAH BAINA TAHRĪR AL-QUR’ȂN WA TAQYĪD AL-FUQAHȂ ]]>
<![CDATA[Faiz, Muhammad Fauzinuddin]]>
<![CDATA[ Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 3 No. 1 (2015): Al-Mazaahib ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/al-mazaahib.v3i1.1380
<![CDATA[In the life of the Muslim community, the relationship between men and women, or, more specifically between husband and wife, are often not equal nor fair. Women are often considered more inferior, subordinate, and even considered a second-class human beings. The issue of gender injustice that encourages Jamal al-Banna to apply concepts or new ideas about the relationship between men and women (husband and wife) were more fair and equal. In order to achieve this goal, the relationship of husband and wife, according to Jamal al-Banna, should be based on principles of justice, equality (al-Musawah), propriety (al-ma'ruf), the collective agreement, as well as a sense of love and compassion incarnate in the form of speech and daily attitude. With these principles then Jamal al-Banna holds that in a family is not unconditional leadership of the husband, and also the lack of authority for a husband to beat his wife. In addition, he also called for a written marriage contract in order to protect the rights of each husband and wife, as well as appeals for wives career. This paper is going to study the Jamal al-Banna thought, especially with respect to the pattern of the relationship of husband and wife as set forth in the Book Mar'ah al-Tahrir al-Muslimah Baina Taqyīd the Qur'an wa al-jurists ". This paper is expected to enrich the wealth of knowledge of Islam and also able to drive to realize the family relationship more harmonious, fair and equitable gender.]]>
